NationStates Jolt Archive


Anyone besides me think this is just plain wrong??

Eutrusca
08-06-2005, 18:39
NOTE: To me, this sounds like a case of enforcing the letter of the law without regard to the spirit of the law. I'm calling my Congresswoman! :(


Chinese Boy Asks for Stay of Deportation, Citing Fear (http://www.nytimes.com/2005/06/08/national/08deport.html?th&emc=th)


By RALPH BLUMENTHAL
Published: June 8, 2005

HOUSTON, June 7 - Young Zheng's first offense was flying into the United States illegally as a 14-year-old boy with phony papers supplied by Chinese human smugglers known as snakeheads.

But perhaps his biggest blunder, his lawyers say, was complying with immigration rules after he was apprehended and released, rather than fleeing and working to begin paying the $60,000 fee that his father in China had agreed to with the smugglers. Instead, he went to school and became a top student.

He also had the misfortune, his lawyers say, of believing his Department of Homeland Security control officers when they told him he could stop reporting monthly and show up every three months instead. When he checked in three months later, he was arrested and scheduled for deportation for failing to appear earlier, they said.

Young, now 17 and confined in a youth facility here, is the center of a heated court battle over government efforts to deport him as soon as Friday. If he is returned to China, the youth and his lawyers say, he faces torture and death for defying the smugglers. He also has no home, he says, because his father, terrified of the smugglers, has disowned him.

Because he made a vain dash for freedom last March and smashed his head into a wall to avoid deportation, his court papers say, the government is preparing to sedate him to get him aboard the plane.

A Justice Department spokesman, Eric Holland, said he could not discuss any aspect of the case, including how often Young had to report, because it was in litigation. The government's legal briefs say that Young has already been properly ruled eligible for deportation and that the finding should not be overturned.

The Department of Homeland Security, opposing Young's application for amnesty under the United Nations Torture Convention and his request for a stay of removal, has argued in part that Young failed to present convincing proof that he would be tortured by the Chinese government.

"At best," said Jeffrey T. Bubier, a lawyer in the case and assistant chief counsel of Homeland Security and Immigration and Customs Enforcement in Philadelphia, "he fears a 'wholly private' act of retribution, meted out by smugglers who want money."

Young's lawyers, John F. Sullivan III and Hannah Sibiski, who have taken on the case pro bono for the firm of Fulbright & Jaworski, say there is little distinction, arguing that the Chinese government and the police in the family's native province, Fujian, are complicit in the smuggling. "Young's father has even received a visit from the Chinese police seeking payment of the $60,000 on behalf of the snakeheads," the lawyers wrote in a brief filed on May 25 with the Board of Immigration Appeals.

"Every once in a long while, a case comes along that truly cries out for justice in a crowded judicial system and tugs at the heartstrings of us all," they said, adding: "This is such a case."

On Friday they unsuccessfully sought a stay of deportation for Young on habeas corpus grounds in federal court in Houston. Because of the way the case began after Young's arrival in New Jersey, it is before the United States Court of Appeals for the Third Circuit, in Philadelphia. The court has said it would rule by Young's scheduled deportation date of Friday.

Reached through his lawyers by telephone on Tuesday at the Southwest Key facility in Houston, a private contractor for the government's Office of Refugee Resettlement and its Division of Unaccompanied Children's Services, Young called the smugglers "very powerful," saying that "they sent people to my family in China" and that they threatened the uncle he had been staying with in Ohio. "My father and uncle told me not to come back," he said.

In an account that matched a sworn statement in his court case, Young said his parents had been penalized for violating the one-child rule in China by having him one year after his sister; a family could have a second child if the first was a girl, but they had to wait four years. He said his mother was killed in a car accident when he was about 8. His father remarried, and Young said his stepmother sometimes beat him.

He said his father and an uncle in Akron, Ohio, arranged for smugglers to meet him at the airport near his home in Fu Zhou. One gave him a passport and a green card and taught him a few English words.

Landing at Newark Liberty International Airport in January 2003, he recalled, "immigration asked me questions I did not understand." His papers were quickly unmasked as bogus, and he was detained at the Berks County Youth Center in Leesport, Pa., where he spent about a year before the facility was closed in a scandal over child abuse. He was then moved to a center in Chicago for seven months before being released into his uncle's custody with monthly reporting requirements.

He earned a 4.0 grade-point average in high school, his teachers wrote the courts, and arrived late only when he took the bus to report to the immigration office.

Meanwhile, his uncle, a cook, said in a separate sworn statement that he began getting calls from "one of the snakeheads" demanding payment of $60,000. Finally, he said, he quit answering the phone.

In February, the uncle said, Young told him that he had been directed to report only every three months.

But when Young showed up in April, Mr. Sullivan said in federal court on Friday, "they handcuff him, they shackle him, they throw him on an airplane, they fly him to Chicago to catch a connecting flight to Hong Kong."

On the phone, Young said he broke free in the van. "I just run two blocks in the street," he recalled. Recaptured and taken to the airport, he said, "I saw the airplane in front of me, and I was so afraid I hit the wall."

Mr. Sullivan said in court, "he smashes his head against the wall three times and knocks himself unconscious." That put off the deportation, which Mr. Sullivan urged the court to stay further. But Judge Melinda Harmon said she doubted that she had the authority to do so.

Howard Rose, an assistant United States attorney, said in arguing that the decision should remain with the Court of Appeals for the Third Circuit, that "this is a person who attempted to enter the United States by using a fraudulent document." And when, Mr. Rose said, the government tried to execute a removal order, "he physically resists," describing the acts as felonies and saying that "in the Southern District of Texas we prosecute things like that."

Young said that if he were allowed to remain in the country he would like to become a biologist. "If there's another opportunity, I would have my own company, any kind," he said.
Kryozerkia
08-06-2005, 18:45
uh... I have no idea what to think. I feel sorry for the kid, no doubt. And this isn't a case like that Elian Gonzalez case where the kid was really just a kid. This is a teenager, and he seems to have a real case.
Eutrusca
08-06-2005, 18:48
uh... I have no idea what to think. I feel sorry for the kid, no doubt. And this isn't a case like that Elian Gonzalez case where the kid was really just a kid. This is a teenager, and he seems to have a real case.
I think he has a good case on moral grounds, but I suspect his legal case sucks. :(
Jordaxia
08-06-2005, 18:50
Yeah, his legal case sucks.

But the law is there to service us, we are not there to service the law.

Evidently, if the law does wrong, it is in need of change or reform, we are not to change and reform around it. If he should stay, on a moral ground, then that should be enough.
Niccolo Medici
08-06-2005, 18:53
Our immigration policies are twisted, baffling and strange. They seem to rely on perversity and malignance to work.

I helped a friend of mine study up for her citizenship test a couple of years ago, I heard nothing but horror stories about the hurdles and hoops one must jump to get into the nation.

When I saw Tom Hanks in the Terminal, I knew it was based on a true story, but man, it felt like a documentary.
Eutrusca
08-06-2005, 18:56
Yeah, his legal case sucks.

But the law is there to service us, we are not there to service the law.

Evidently, if the law does wrong, it is in need of change or reform, we are not to change and reform around it. If he should stay, on a moral ground, then that should be enough.
I agree, but that's the law for ya, very little consideration for what may be "right" or "wrong" in a particular case, unless the law was written in such a way as to allow the judge to consider exceptions to it for unusual cases. You may be right about the need to rewrite this particular law.
Eutrusca
08-06-2005, 18:58
Our immigration policies are twisted, baffling and strange. They seem to rely on perversity and malignance to work.

I helped a friend of mine study up for her citizenship test a couple of years ago, I heard nothing but horror stories about the hurdles and hoops one must jump to get into the nation.

When I saw Tom Hanks in the Terminal, I knew it was based on a true story, but man, it felt like a documentary.
Didn't see that one, but I can agree that the process is in need of overhaul.
Falhaar
08-06-2005, 18:59
When I saw Tom Hanks in the Terminal, I knew it was based on a true story, but man, it felt like a documentary. The movie was one of Spielberg's poorest efforts, but the true story is fascinating.

http://www.snopes.com/travel/airline/airport.htm
Eutrusca
08-06-2005, 19:05
The movie was one of Spielberg's poorest efforts, but the true story is fascinating.

http://www.snopes.com/travel/airline/airport.htm
Ouch! :(

Well, one thing's for sure: we know that if they'e willing to go through all that crap to get into the US it's for certain they really want to be here.
Romanore
08-06-2005, 19:31
If anyone needs the overhaul, it's China. Their immigration/emmigration restrictions are beyond absurd. I feel sorry for the boy, and I'd like to see him stay, but... the law is the law. Just one of those cases where it's heartwrenching, but not a whole lot can be done.

I just hope (and I hope not vainly) that there is some sort of protection for him from the snakeheads when he gets back.

But perhaps I hope too much.
Eutrusca
08-06-2005, 19:32
If anyone needs the overhaul, it's China. Their immigration/emmigration restrictions are beyond absurd. I feel sorry for the boy, and I'd like to see him stay, but... the law is the law. Just one of those cases where it's heartwrenching, but not a whole lot can be done.

I just hope (and I hope not vainly) that there is some sort of protection for him from the snakeheads when he gets back.

But perhaps I hope too much.
Sadly, I suspect you do. :(
Jibea
08-06-2005, 19:41
Another Cuban boy/Schiavo thing. Where did it take place?, Florida like the others? Just do what the law says negating everything else unless its relevent.
CSW
08-06-2005, 19:47
Another Cuban boy/Schiavo thing. Where did it take place?, Florida like the others? Just do what the law says negating everything else unless its relevent.
I believe his strongest point would be to claim refugee status, if he is in danger of losing his life if he returns to China, he can qualify for that (IANAL).
Kryozerkia
08-06-2005, 19:50
I think he has a good case on moral grounds, but I suspect his legal case sucks. :(
Yes, on moral grounds he has a solid case, and even on the grounds of common sense, he's pretty set there. The legal aspects are entangling him though, which is sad. after all, he has a future and he'd be repaying his "debt" (since he was there illegally in the first place) to America by working there if he stayed, is that not what was stated at the end? And aren't they after all worried aboit the brain drain?
Pyrostan
08-06-2005, 19:55
We allow untrained, illegal immigrants in by the boatload and let them across the boarder without batting an eye.

Now we are sending a student with a 4.0 GPA to his death. For ONCE we're deporting someone, but it's the WRONG situation.
Kryozerkia
08-06-2005, 20:10
We allow untrained, illegal immigrants in by the boatload and let them across the boarder without batting an eye.

Now we are sending a student with a 4.0 GPA to his death. For ONCE we're deporting someone, but it's the WRONG situation.
That's backwards!

Oh wait! He'll expect a normal rate of pay, take a good job etc... :D
Beauty Peace Wisdom
08-06-2005, 20:12
Yeah, his legal case sucks.

But the law is there to service us, we are not there to service the law.

Evidently, if the law does wrong, it is in need of change or reform, we are not to change and reform around it. If he should stay, on a moral ground, then that should be enough.

Allowing this person to remain in the United States seems like a good idea, but is against our law.

Modifying the law to accomodate him and allow him stay could have potential future ramifications for more people that come into the country like him.

Sending him back to China isn't going to work, because of what that says about our humanity as a country.

I would ask all of our allies which country would offer him amnesty, and deport him there. We are still deporting him in accordance with the law, and we're promoting humane treatment of him by not sending him to China.
Zeladonii
08-06-2005, 20:16
im sorry but what part of this situation is in any way sensible!!!! the american law system just seems to be even more stupid than ever (the UK system aint much better i know)!!!!